State v. Strayer
State v. Strayer, 2021 UT App 49 (Mortensen, J.)
Criminal
Strayer was convicted of sexual battery after he grabbed the breast of a neighbor in his apartment complex’s common room at a public party. Strayer filed a post-trial motion, urging the district court to consider a letter signed by neighbors saying they were present but did not see him intentionally grab his neighbor’s breast. On appeal, Strayer argues that the district court abused its discretion when it refused to consider the newly discovered evidence. The Utah Court of Appeals affirmed, holding:
- The district court did not abuse its discretion when it concluded that the evidence Strayer seeks to admit could not have been discovered with reasonable diligence before trial. The letter was provided to Strayer months before trial, and the authoring neighbor confronted Strayer’s investigator and asked to meet with him before trial.